Memo to the alien — highly qualified specialist

The alien recognized to be considered as the highly qualified if he/she has the working experience, skills or achievements in specific area of activity and if his/her working conditions in Russian Federation provide for him receipt of the salary (remuneration) in the amount of two million roubles a year or higher.

Employer or customer for works (services) for their own account execute evaluation of competency and qualification level of the aliens whom they desire to engage as highly qualified specialists and thus bear all the risks connected thereupon.

An alien engaged for execution of works to Russian Federation as a highly qualified specialist receive the right:

• to perform labour activities off the quotas for granting the invitations to the aliens for entrance to Russian Federation for the purpose of performance of labour activities and quotas for granting the permissions for works execution for aliens;
• to perform labour activities on the basis of permission for work, granted to him/her for the time of effectiveness of concluded labour agreement or civil-law agreement for works execution (services rendering) with the employer or customer for works (services) inviting him/her but not more than to three years. Specified term of validity for the permission for works execution may be prolonged continually for the term of validity of the labour agreement or civil-law agreement for works execution (services rendering), but not more than three years for each such prolongation;
• in the case when according to the labour agreement or civil-law agreement for works execution (services rendering) the labour activity of highly qualified specialist is supposed to be executed in the territory of two or more subjects of Russian Federation to receive the permission for works execution valid in the territories of these subjects of Russian Federation;
• to arrange residence permits for him/her and for relatives (husband/wife, children under the age of eighteen as well as to disabled children achieved mentioned age and being dependant on such highly qualified specialist) for the validity period of the labour agreement or civil-law agreement for works execution (services rendering) on the basis of his/her application in written form to the federal body of executive authority in migration sphere;
• within thirty working days from the day of early termination of the labour agreement or civil-law agreement for works execution (services rendering) to perform search of other employer or customer for works (services) and to receive new permission for works execution. Within this specified period the permission for works execution that was granted to such highly qualified specialist and to his relatives are considered invalid;
• to receive the permission for works execution in the federal body of executive authorities in migration sphere in Russian Federation and in case of presence in the citizenship state of the highly qualified specialist representation or representative of such a federal body it shall be done in such a representation or by such a representative. Permission for works execution is granted to the highly qualified specialist on the basis of presentation of the document proving his/her identity and accepted by Russian Federation to serve in this capacity;
• to announce himself/herself to be the highly qualified specialist, applying to the representation of the federal body of executive authority in migration sphere in the citizenship state of such alien or to the diplomatic mission or consular office of Russian Federation with the pleading, containing the evidence proving his/her working experience, skills or achievements in specific field of capacity (including the recommendations of the persons or organizations evidencing the competency and qualification level of the alien) and giving the consent for introduction of information provided to the data bank about execution of the labour activity by the aliens and for submitting the stipulated information to prospective employers or customers for works (services) at the territory of Russian Federation. In this case the information submitted by the alien is placed on the official web-site of the federal body of the executive authority in migration sphere;
• after placement of information on the official web-site of the federal body of executive authority in migration sphere to receive the ordinary business visa for entrance to Russian Federation with the validity period up to thirty days with the purpose of conducting the negotiations with the employer or customer for works (services) and concluding the labour agreement or civil-law agreement for works execution (services rendering). Ordinary business visa is arranged for the highly qualified specialist on the condition he/she has in possession the written invitation for entrance to Russian Federation with the purpose of conducting corresponding negotiations, sent to such alien by the employer or customer for works (services).

In the case a highly qualified specialist within the period of thirty working days passing after the early termination of the labour agreement or civil-law agreement for works execution (services rendering) did not conclude new labour agreement or civil-law agreement for works execution (services rendering) or whether the pleading of employer or the customer for works (services) for involvement of highly qualified specialist is rejected, the permit for works granted to such highly qualified specialist as well as the visa and residence permits, granted to the highly qualified specialist and his/her relatives are considered to be valid within the period of thirty days after the expiration time, stipulated in the present Clause or taking the decision on rejection of the pleading of employer or customer for works (services). Within the period of mentioned thirty days highly qualified specialist and his/her relatives must leave the territory of Russian Federation pursuant to Russian Federation laws.

Highly qualified specialists and his/her relatives (husband/wife, children under the age of eighteen as well as to disabled children achieved mentioned age and being dependant on such highly qualified specialist) arrived to the territory of Russian Federation and being aliens from the day of their entrance to the territory of Russian Federation must be insured as per agreement of voluntary medical insurance. Providing of medical insurance for the highly qualified specialist should be the basic condition of the labour agreement concluded with him/her.

Memo to the employer or customer for works (services), involving the highly qualified specialist

The alien is recognized to be considered as the highly qualified specialist if he/she has the working experience, skills or achievements in specific area of activity and if his/her working conditions in Russian Federation imply his salary (remuneration) level in the amount of two million roubles a year or higher.

An employer or a customer for works (services) for his own account executes evaluation of competency and qualification level of the aliens whom they want to engage as highly qualified specialists and thus bear all the risks connected thereupon.

The right to engage highly qualified foreign specialists for working in Russian Federation have the employers or customers for works (services) being:

• Russian commercial organizations;
• Russian scientific organizations, educational institutions of professional education (except institutions of professional religious education (religious educational institutions), health care institutions as well as other organizations conducting scientific, scientific-technical and innovational activity, experimental developments, tests, staff training in accordance with state priority areas of science development, technologies and technique of the Russian Federation having at their disposal, in cases set by legislation of the Russian Federation, state letter of accreditation;
• accredited as applicable on the territory of the Russian Federation by branches of foreign juridical persons and who during two years till the day of motion submission regarding involving of high qualified specialists have not been incurred administrative penalty for illegal involving to labor activity in the Russian Federation of aliens and persons without citizenship as well as have not had at the moment of submission of such motion unexecuted decrees regarding assignment of administrative penalty for commitment of mentioned misdemeanours.

The employer or customer of works (services) in order to register permission for work as well as to register invitation for admission to the Russian Federation (if required) to highly a qualified specialist shall submit to the federal executive power body in sphere of migration the following documents:

• a request regarding engagement of a high qualified specialist;
• employment agreement or civil-law agreement for execution of works (rendering of services) with the engaged highly qualified specialist entering into force of which is stipulated by receiving permission for work by this highly qualified specialist;
• written undertaking to pay (indemnify) costs of the Russian Federation connected with possible administrative exclusion outside the Russian Federation or deportation of the highly qualified specialist engaged by him;
• copy of certificate on state registration of juridical person or docket out of state register of branches of foreign juridical persons accredited as applicable on the territory of the Russian Federation in case if a branch of a foreign juridical person acts as the employer.

For receiving by an employer or a customer of works (services) the work permission for a highly qualified foreign specialist for engaging and usage of foreign workers is not required.

Term for request consideration of employer or customer of works (services) regarding involving of highly qualified foreign specialist constitutes not more than fourteen business days from the day of its entry to federal body of executive branch in the sphere of migration.

For extension of validity of work permission for a highly qualified foreign specialist employer or customer of works (services) not later than thirty days prior to the date of expiry of the previous work permission should submit to the federal executive power body in sphere of migration:

• application of employer or customer of works (services) regarding prolongation of permission validity for work to high qualified specialist;
• employment agreement or civil-law agreement for execution of works (rendering of services) with high qualified specialist entered into force and issued in accordance with legislation of the Russian Federation;
• copy of agreement of voluntary health insurance of high qualified specialist and domiciling on the territory of the Russian Federation together with present high qualified specialist members of his family who are aliens;
• data regarding wage rate (awards) paid to high qualified specialist by employer or customer of works (services);
• documents confirming registration of high qualified specialist on site of lodgment;
• data regarding registration of high qualified specialist in tax authorities of the Russian Federation.

Term for consideration of prolongation validity application for permission to work of high qualified specialist constitutes not more than fourteen business days from the day of submission of the mentioned application to the federal executive power body in sphere of migration.

During thirty days from the day of receiving by a high qualified specialist work permission his employer or customer of works (services) is obliged to submit to the federal executive power body in sphere of migration the data regarding registration of this highly qualified specialist in tax authorities of the Russian Federation.

Employers and customers of works (services) involving high qualified specialists are obliged to inform quarterly federal executive power body in sphere of migration about execution of undertakings regarding payment of wage (awards) to high qualified specialists as well as about cases of cancellation of employment agreements or civil-law agreements for execution of works (rendering of services) with this highly qualified specialists and cases of granting them vacations with term more than one calendar month during the year without saving of wage.

Validity of work permission issued to a highly qualified specialist as well as term of validity of visa and residence permit issued to such high qualified specialist and members of his family is prolonged for the period of motion consideration submitted by the employer or customer of works (services) and with whom highly qualified specialist has entered into new employment agreement or civil-law agreement for execution of works (rendering of services).

Employer or customer of works (services) who did not execute undertakings taken and stipulated by legislation of the Russian Federation due to own fault in respect of a highly qualified specialist but equally obligatory provisions of employment agreement or essential provisions of civil-law agreement for execution of works (rendering of services) entered into with high qualified specialist has the right to engage again a highly qualified foreign specialists not earlier than in two years from the day when corresponding circumstances has come to knowledge to the federal executive power body in sphere of migration.

For receiving by employer or customer of works (services) the work permission for a highly qualified foreign specialist the following data should be submitted:

1. TIN, TСС of the company
2. receipt on payment of state duty with in estimation of 2000 rubles per one foreign citizen

Bank details for payment of state duty:

Recipient of payment:

FTD in Moscow (FMS of Russia)
settlement account: 401 018 108 000 000 100 41
bank: Department № 1 of Moscow MTD
of the Bank of Russia, Moscow
TIN 770 154 955 3
TCC 770 101 001
BIC 044583 001
ARCPS code 452 86 555 000
BCC 192 108 06 0000 11 000 110

3. a photo of the foreign specialist (3x4) on mat paper
4. a copy of foreign specialist's passport

A required provision of acceptance of an employment agreement is the availability of the following data therein:

• date of entering into the employment (civil-law) agreement;
• position of hired high qualified foreign specialist;
• wage in Russian currency (in rubles);
• data on granting of health insurance.

Contact information

Address: Moscow, Verhnyaya Radischevskaya street, 4, building 1Б, Representation FMS abroad
Telephone: 214-93-61, 915-59-24

Information from the official site of FMS Russia: www.fms.gov.ru